The Sun. — London, England, 1810-12-20 00:00:00

vr- c ‘ IC Poarsmou , 17, *rngC. g. -- . -Arrived this cloy his kijesty',. ship Llama' dryad. n- 9 of en'- Übe ke- ing ,LAIF REPORD: • COURT 01. ',INC.'S 13ENCII, DEC. 19. BELL V. BY NE. Sailed ail; dty his Maje4t - y's ships Tartarus, Cro- Antelope, Laviicia, Stately, and Saturn, for the • \l ttliterranean ; and his Majesty's OOP k"en, 4 ; eur for Citiize off Cherboura • - IVIr. TOPPING slated this to be an aElion brought by a respeaable 'Alerchant in this City, against the 'efendarit, who, it appeired by the a ffi davit at the °arrip Office, was the sole . Proprietor and Printer of . a Daily Paper called the for/ling Post, for printing ',. o d publishing in his paper of the : 1W) ivuy last:a 4 ' ll el highly reflecting on the character ot the plaintiff. picAtion in questin was li(l e d, " Connorand ubl Sir F. Burdett , 'and purported to give 0 account of . a speech of -- 7 1 - t;e 4 Aitorney-petteral ot Breland, delivered in the !rid' House,of Commons Ottthe 19th February, 1799, on an al Plicotion for, t release of Mr. Roger O'Connor, and ~stated to Ave been extratted from the Putiin foianal the gist Feb, 1799. The part of the publication fig the libel complained of, purported to he a letter joni'Arthor to R.O'COnnor, dn'ed Feb. :44, 1798, thefollowing words: " I have sol.l all my pi (puny ' 0 Burdett, yet tt may still go OD in my wnee, and the r ents are'be transmitted to Hugh Bell, Esq. Charier rmouse,squai:e. Mr. Bell has been for,some time past ultfined in tngland on a charge of High Treason." A more grds4,icandaiuus, or Wanton libel than a `itist any man in. the, respectable situation Of the Plaintiff', at tt distance too, of so tnany years from :he 44 te of the - trao,adi , o, couid hardly be ligurtd. The taPer in which the lioci iri cluestion appeared, he ad never been atieitstomed to read, nor even to 'eruse any part of iis'contents , un l ess such as . he f ound te•Copted, for ' , he purpose of comment into' torte other paper. 'He therefore could not be sup- Posed to have any pleittdiee either against the paper ~‘r against its, proprietor. The defendant bad piit into this declaration, !itsf, the general plea ot riot gutty, and alSo 3 'litification,- in which lie aped ed, that, in point of 16 1., the plaintiff had been apprehended and detained t ome time in custody. on a charge of high tret.bon.. Aeither of these pleas, however,'li•ls. trusted, would a vail the delendan't to-day. Indeed, I .le was utterly 41 a loss to conceive what course the defendant meant t ° steer. He was aware of the unpleasant situa tion in which his . f..c.artcl Friend (the At't-orney "' ~e neral) Must feel himself placed, in haN;iirg this to defend so in famous a libel - , accosiumed as he , "d lately been To carry on sb many. prosecutions ainst the diurnal press of this country. He was li tiald his Learned Friend would feel. himself k- ward in his - prt sent attempt• to defend a libel as he had yesterday been in,his attempt to play on the ; "'Provedj,a'ent flageolet, 'nit his Learned Friend, the prosecutions.ne hat carried on, had gone lie the stria line •of his duty, he (Mr. Topping) ' ps far from'Suppcsitig. Imew_that his Learned ilend possessed ,a giant's strength; but he I ‘'as also axvo're, that wilily; his Learned Ft iend 'knew th at l,. pos-ess the s:rength ot a giant was noble,. he 'as not ign4ant. that w4s:Ctud to use it as a • taut. being was given of the - faaiof the defendant's the sole proprietor of the No . /ding Poi, and O f the ptiblicatiOn of the libel in that payer. The ArroitsF.Y.G t•:l,?EttAt. , ,,, for the defetidant, nl!!ended . that the plaibtli Most be nOnsuited, it 11, eing charged that.this was pablication of and v oneerning the plaintiff,. whereas tt was given in,a a Peech by the Attorney-Genet-ill of Ireland. Lord ELLENBOROUthi put Ella party on his Pc- l ellee, reserving to the Attorney4 . ;etrentl this point, 11 lie wished it. • • The ATTORNEY .GENERAL could not but express. his regret and his surprise,' that hiS,Learned h: lend (Mr, Topping) had kith himself to the slanderous a nd scandalous imputations attempted to be dimwit c) a him. He appealed to every action' Lit i ins lite, ! torn his boyhood up to the present moment, In °fitradiction of any imputation of improper, di4lo- ~'l 4u rable, or partial conduct observed by him , par - L icularly in the discharge of, his public ditties. He W hich proceeded to argue, that th e present pUbitciition which his client was sorry had not been suppress ed so far as the name of the plaintiff was conc'ern ", was not meant to apply to him, but to Sir Fran !is Burdett and Mr. O'Connor, and to lilt them 1 ° , 4 , n from the stilts on which they had presumed ' 0 elevate themselves. He should, however, shew, t hat in point of fact, the present plaintiff had been a Pprehended, detained, and extnined, on a charge ' l3 t treason ; which he submitted, must Justify the • publication in question, there being a yostificakion the Record. • Evidence was then adduced toprove that a War ‘vas issued against the pliintiff oo the sth March, 17 We, which was delivered to the officer on the 6th ' 11 (1 executed on the 7th of the same month. The krosecutor was carried to the Secretary of State's "„ffice, where .he was examined before the Priv y `'Quncil, and was then discharged. Mr. TOPPING 'replied, with considerable warmth, ' 0 the observations of the Attorney-General. Lord ELLENBOROUGH briefly stated the evidence.' kit' had appeared that a warrant was oat the charge of high treason, the justification would have been it bac6 out, and a verdict must have gone for. the C:lfendant : but the warrant only was, on suspicion high itreason. It was certainly improper, that a ..person's name should have been introduced as the tlaintitrs was; but the Jury would take it into t heir serious consideration, in •apportioning da : . Zages., how the evil was palliated, b its having ettt done so long since by the consideration of the t utnour having extended as- widely as probably it would ever extend. The Dutlin Jpurnal came ° L ver to London, and was probably s'olnetitnes in the "atidi of the present Jury ; so. that the addittOnal l it:tilation by the Morning, Pbs.t.eoula not have the ‘trect o f much additional injury. kverdict_must 'fie fou n d for the plaintitf. Tip: Jury found for the pl.iintiff. Damages 5001. 14E1 'RT R 0111: ) 1 ,1.4 : 17:rEk ON TIIE 'STATE OF HIS NIAIESTY'S HEALTH... , kLAID BEFOHL•THE HOUSE OF COMMON'S ONMONDA • HENRY HALFPRD,' Bar!..(continuca): Then_ you cannot take upon pint self to say, w he ther any patient, at or above seventy years of age, whom you have known to havte been mentally'de !ranged, has or has not recovered ?—I cannot skak confidently to that point. _ Igo yon know any one who'has recovered'?--4 do not speak of my own knOwledge, but I have heard Of I ecovei ics. • . What is the present ; state of the King's bodily health ?—Not perfe ct ly g ! , od. „ : What are the' symptoms of disorder in bodily health ?-He has feverish symptoms. Have those feverish symptoms continued, from the time that yon. were first called in to visit him, to the present titile ?—His AFajosty, has, occasion ally, appeared almost tree front }ever; but I can hardly s.‘y that he his at any time appeared'en titely so. Do you' attribute his mental dermngement to any bodily complaint 'should conceive, there '‘Vero two causes of -this -compktitit ; the body must be . . predisposed by iudisp , sitton, to receive the niflu."' et 'C of Stith cause as pßicloco's. the King' symp . toms.. When you say that the . bodt muct be pre. &posed, do you. meaii tit say that in 'ail casts de rangernept of mind is ,accompanied by ot body ?—I: am 'speaking of ►the King's c:ise in panic:x.ll.ff.: Do you mean, to s p y, that there Rillst in all , casei be an n;di.-. ;1: , u o.,iiitid oony, : m, hen ih e r e • is a mental derangement . 3 . -=.l 'think it probable there I ust be so. Ha‘e you ever bad ., .tind.er . . your cAre, ever seen, persons in a else. t !lf,men!al (.!cr,ingeweitt, where it Wll4 IMIWSSibIe bodily indisposition tiiink, 1 havt!, been Alt.. to tiaoe' bodily iudispotititt. Dos you think that the King's mental dorati?- mew - del:ends upon the present state b 1 ltis tiodOy I.—Not entirely. When were you first called in to visit the.Kmg in Ilk httesc tic illnesS ?—.His nrest iy ast<ed me some . r questrobs, respeating the proprtets of taking triedi cit,e', - t.he eveninv of the : - .!sth of . oclqbei. then 'peiceive any symptoms of mental 'deratigetnt•nt in the King ?—The King's conversa tion atht thalnier was hurried. . . Was that 'St4ch . it's to amount, in your opinion,' to a state of mental de t rangement and mt.:v.:city fyr business ?=---.1 - thirik tint, .at that time. Had you opport`unieies •of seeing the King, be.; tore the. 2511) of October f s'aw his Niajes'y every day, three times, from the 3d of 0,-10b.4. • Did you, in the . iriterV,ll bemeen the 3d arid the 26111-ot Odeiber, - perceive gt , y of indis position about the King sot'neiiines Ifyiughr hip - Frije , ;ty's manner agitated Ificre ay; seem ed en 'Occision of Oirs,- in the rep, rt which ,va, made itospetling the Pritices's Was that agitation of . a wo ure t,, ex c ite any par ticular apprelioi,,i ill your mind with r&4 :o I.isi Nlojity's meat,,! heal:h ?—No: not at th,it Not at any 'tiMe between. the 3d and the .Q.':th of October .? —No; You lia . ve.aid, drat on the 25th of oaober the King was not so Much Mentally indisposed as to incipacitate hint from busines's, or amount to men tal derangement ; and you haVe said, the is , o indisposed. now ; when did <lie symptoins become so ,nigeot to amount to incapacity fbr business, and to e . staPlish a charader of it derangement ?. Majesty's symptoms increased rapidly-on the .2.3 th, of October. In point 'of faa., did his Majesty transaa 'any public business, to your knowlctie, bet weed the 25. h' and 2 - Bth 4 . o6tober do not know. • Up to the 23(1, waS his Nlait.-sty in a state to trans aa publit business think so ; I think the King coal() transact public busineSs. Are the Coni'mittee to understand that, up to the 28th of 'Octoh4r, and clri the 28th of (kiober, his .1:liC•ly was in such a state as, it he had been a titivate: indtvielual, he would have been etUrusted with the transaction of any thing in the manage-, wont of his own conterns ?-1 think you would not hate been justified in taking Irony any indivitind the power of transacting his own business, under tie circutoStances that his Majesty was, I think I might say, to the night of the-2.7th of Odob..r. Has the treatment of lily Mai:-sty, in your opinion, in every respect, both as the to .utroitiction of per sons, and the systenitof wanagenient, as well as the .systern of medicine, been perfectly proper ?--1 bc- lieve so. , You have been acquainted with the system of management, in the most minute particularity Yes. And have known of every person introduced W the King•i—Certainly. • And every thing in the System' of management, the system of medicine, and the introduction ,of per sons to the King believe so. There, has been no person introluced 'to the King whose introduction has excited any aggravated de gree of indisposition ?'—Certainly not. What is the state of the King's mental health to-day,•as, compared with the state, of his mental health on ,the- 25th of October ?-1-le is by no means so well as he was on the 25th of October, •• What is the state of the King's - health to-day, as compared with the state of.' his hertilit on the !..3111 of o&3ober ?—I think not quite so well as it was On the 28th of Oetober. You have stated that there is an amendment the'King's h( l .!alth If he is not so well as'he was on the 2.btli, nor so well as on the 28th of Oc-toner, within what period do you draw your• comparison of the pre•ent day, When you say there is..a state of ornendment firstAveek.ot November more part teolarly. ---Has the 'King had, what May be c died a relapse, since the examination of •the" Privy Council ?—The King-has-had; what-we speak of- in loedical• 1s phroxystri,i sin that time: •• Has that paroxysth lietif one of 'a•violent na 141 . 1 - 'c,?--rt his b..en o:.e of . a vi . ole,it nature ; ba not_ of sfs lot:g . a duration as the previous tines have het-ri. • , .• • lias't he remission,. since that paroxitxn, been so complete ai it had b , :en.3tlbiquen to 'other pa ro:vsnis of ihe same nature ?--I think not quite so co;tl',..l:?te. . • , sicrp tip- desired effeet upon the King, ge tferttlly when . -he. obtains sleep, does he ::,;)ear to. be tnore tecresly.fds, nod to. be mote c.on. , ;-.::1 cops - evettee of it, t han „hen he has pissed nights without :ileop ?—Certaitily always to be rt.:re coi9pose. nitre sleep. !Loy 1:::tbly 1-7-1 think so.- .„ . • . •ve no). of the Roy a.l Family seen the King since the, 25th of . Oelobt.r ?—Yes. Sitic the (.2.7i.11 i—les ; t thiok .the last. time the Queen Sa I‘' the Kit.ig, Was on the of Oetol;ex; and he'r the litst ut the Royal F'amiy who has seen the .Hive any other .pwson3, except his medical at tendants, apd tnose introduced by his medical at teoauntY, for the ot..administering to his we /Leal health or co.r.iorts; .seen the King 1--Yes. . . _ ‘‘t what . period i :--rne• Chancellor, has seen the ,king - twice, „mil I think •Mr. Perceval has seen the Kino . • • Wi:en the 'ClmuccilOr first see ,the kina, stftit.i6iTi',.;w,ly to the 25th of October tank it WI the, 201.0 O s t: QUObt.l ; but I am not cpaii,‘ certain theft the Chancellor baw the King OD Uhl I-, :lay . • , • 1 '" WIWI! (lid the Chancellor see the king the second tit'W WeLtnesday. \*Pc'.-e 'Yo , .? present at the first itttert*ewr between the Chznicellor and the King ?--- - yes. \Yds it by his Majesty's desire that the Chan cell6r. Has intmdt,ced to him 'the first .time i— ,[ipon. mentioning ,to ti\larity that the Chanecl io. had come to Windsor to.i t itintre atter hint, the kit:th ,. .e4)reS•ed a dr.-sire to see hitoipwd akviiys of the arrival of ill it el - little:lice., dt t . , lo vagturc aficr his heAth i —Not al , • S, ` i Va i it by. t h e Chancellor's desire the- King was I.lle,tt.,t`pforined of his arrival. at Vindsnr ?—No,- believe rtoi. . , \Vhd imprined 'he King ?—I think - I d:d 5e112,. Lut I ani not sure. Yor,, vom own Motion, Without heing Ocsired by any Gf. , ki), IntorM?d the King the Chancellor was arrived at Windsor icyinquire (Ma his I\:ltnesty's health ?...—Y e s j my codeagnes - were.acquaimed with my' intention of itiforMing his Moji siy 'llia: the Chancellor bad arrived at Wind.;Or to enquire ater Did ail the Pli l ysicians concur in die repriety of Al o jesty h at.:utur,u;ttlun You ki ere drect;ni t:y Poysiciinis to give I hat l n i h r i n a li o .,?-11 wa s .tgi (-Ltd upon; amongst us, that that infornmti, n shok.ld be given. _ Did 'your consult the utih:r phyrclaris before you noroduced the eltahce!!:;l, colisetitience of the King';ierrie:it Ina( he Inq.,:lit be itoronticed, on heal had-ni ived at Windsor ?—y es . Ord they . eoncur in the pro:A - rely Interview between Ore 'Slog and thc, Ch.oiceni ?--)t" fitter that consuih-hhAt ot Pit).:i:c:art6, (lid you, Votir6ell, intrOdti:: - e the Chancellor to the tira in terview thd; the whet Pity ;inatis being preent. Were all the. Phy,s'ciatm in the room at the time ? think theY . Were ; tt they were nut, the dour ,as open, and they were in the next room. • Were you yourielf in the What ell - ea had thin interview 'II, on his Ma jests , I—The expressed great satisfaction at .sceing the Chanceilor. Had it a binunti,:ial cif:A upon his Majesty's ,inental health —1 du nut think it tuade the feast ditieretice. At the se'6o,pd itverView, to which the Chart ,c:•llur wa admitted, did you cornmunica:e to the King that the Chancellor was arrived at IV►ndsor ?—= :Yes. . Did yon propose to the King to see the Chancellor or did the King desire it i-1 mu s t state the (ileum - stance on the preceding morning (the l'ne,day) I round die King involved in a great many error, and w sconeclAions; and Ltook the liberty of using the Chancellor's name, entirely as atnedical expedient. It occurred to Me that the ineyion would rxtrlcate hitn from those' errors and it had that 01 . 41. In comavience ol this, 1 ventured to say, that it \t, as probable that the' Chancellor would be at Windsor, within a day or or two; feeling copvinted that the tetopor:ry straint under which Ins - Majesty would hold a con veys ition with the Chancaor, might be (.t use in the tutwe cOndiret of himself. .On that ground 1 prppoiud that !Ls Majesty should see the Cnancellor !wh,ln Lit XI he cAile. To whoa, yon propose that he should see the ChanOullor, when next he cane ?—To the 1 himself. Did you consult yon-r colleaanes, before you twat: that proposal to the King ?- 2 N i; I took this en tirely on myself; finding, the King under the cr- . cumstances I have stated above, it was the determi nation of the moment. When dial )ou communicate to your_coleagues, that you - had made this proposal to'the King ?-- r - Shottly after ; on the same day.' - Did they concur, in the propriety of the inter view taking place . ?--No objedion whatever was When did you inform the Chancellor, that you had wade that proposal, or that the intc4vieAr was to take place ?--The Chancell r arrived on the liwing day, and it was then communicated to him. Woo- tatrOduced the Chancellor to the second iii-• terview with the King ?-1 did. Who was present in the second interview with the Ki ng ?—Nobody, but the Clutncellor ; I kit the room, when 1 had introduced the Chancellor to LL e Kino.: . . L 0 you know whether the restraint, you hoi ed wou.d be.produced on the Klng's mind, by an w- i• 'tervic-o: ‘i it h A%Ai poiht of faa !tare very g,opl re:Astal believe 89._ HiIVC )'()ti expericilt . e, th:o any lietie fici .1 'etr.ct lryin that irlierview i-1 rea!lv 1 1 .1;:::,; it ;,;~.:., tiave.you, in consequence. 4 :tat bel having Ewen • produced, i4C.% bed the ai interviriv Compared with.the state of the King': health on Tuesday, is hiii'Majesty bett 2r to-day than he N.vas on Tuesday ?—.l think he is. trricn the s erne; HOW long did.that heneficiA effect continue ? The King, throughout the day alluded to the con+ versation - with..the Chancellor several times, and seemed to hea little less under the influence of those errors ; •he seemed to be rather more ea,ily dispos sessed of those delusions. How soon was that-_benefit - lost ?—I do not tifrik it is altogether lost now. When .did Mr. Perceval eee the 'King on, or since the C 25 di of October ?—I think it was on the 29111 of Oziober. Was Mr. Perceval introduced to the King at hit Majesty's desire ?-1-iis Majesty expiesSed a great desire. to see Mr. Perteval ; having understood that he.had come to Windsor to enquire after his health. Did you communicate to the King t, a: Mr. Per ceval also was at Windsor?—Yes, i think . so. Was that by the request of all the physicians i•—•• With the knowledge of all the physicians. Did they know that Mr. Perceval was to belt]; trodaced to the King,. before he was introduced ? Yes; and concurred in the propriety of it. 'Were you present at the interview between Air. Perceval and the King ?--Yes. How 104; did it • last ?—1 should think about six or seven minutes. Was any beneficial etK.el, or otherwise, produced by that interview ?--=IN - 3 iniurtous.etkct,. certainqr I do not -know that I could State,. that any I.);.tneiictal etlecl was . produi!ed by it. wbei t was Mr. Perceval admitted to an interview, the'second time ?- I do pot r'ecolleti that any second interview took place. • How long did the. first interview with the Chan cellor last %—About, eight or nine. W as it, King wile, any sett-testispt, at the fitst interview lA.tt It the —Y e:; • I thi l 4., he W . And yet. no beneficial effe,q t , as pteduceJ from that iniervi , ,w do tO)t ie.:l:ember that .any par iieolo good was d. rived trom it. Iron the st,conti interitew, at which you were , not present, you think bcnt:licial t ifeet produc ?-1 (10. Do 'you know whether the. King WaS under any 'greater degree of seat-restramt at the second inter view, th in he was at the ti,st is hardly tair to tuak . ,,' a comparison between the c - rcunt,tances of the King on the tit. 4 na,rview and the second; it •v. as distaoce of six or seven w eeks ; the symptoms %vele. not the ...taw, Y o u - hay t i .g been pr*.'ent, and the o• her phy s;ciatis either preseht or in a t oom itntnediatey itctio;t:itig, U ith : the door Opc9 : %Allen the Char;-, ceiiot had hip first. in erview t‘,.ittl the K.tng, kind when Mr. P. , rcev.,l had hi, niLei‘iew h the Hintz, , buW CMIle the ph} sici - ahs to leave the room et - , hrs . ly, when (.;:tancdlor hod his second inter vie N Oh the Ktu; It seemed desirable th,t the Chancellor's oral hi; jig tteut (..4 the State of • the King, unt.-.ll.yuced by the presence 01 any other person. .Indgineni, for %.; It purpose ?—No particular pur 7 pose; iii the 444 Lew with the Chancellor, it seemed very desirable thai the Chancellor should be able to state to Pailiament 'what the state of the King was. Did the Chancellor himself 'express a wish to see the hmg, for the purpose of heing able to : s tate to Parliament what the state of his Alai.stv was do not remember that the Chancellor exressed such a wish ; I think it was rather the wish of the nhy• sicians in the first instance. In the second instances ?—ht the second :instance, I had taken upon myself to •u•e the Chancellor's name, for the particular medical purpose I stated before; and ha. ing made that intimation to the King, 'all the physicians were of opinion, that it was nut proper to rim the 64: of the irritation, which a disappointment to the King's expectation idight o:casion. A VII tt led to atiy idea, that a disappointment -to the King was likely to occur, atter you had made the proposal, communicated, that propo4al to the other i n,y s i cwns , and that proposal had - met with the con current 'assent of the other physicians'?—We have always thought it proper to observe our promises to the King religidusly. • What led to any idea, that that promise would be broken, in this instance?---When the Chancellor.. arrived,. and I intimated to the Chancellor, that I had given such an intimation to the King, and that the King had seemed satisfied- with.the expectation of seeing him, one of the Physicians expressed an apprehension, that it might , be num ious to the King to see the Chancellor. Which if the Physicians expressed that appre hension i—Di. Robert Willis. Did he concur ultimately with the.other Physi clans, or w:e.s be•acer-ruled ?—We found, ont en quiry, that lite King was in anxious expectation of the Chancellor and it was 'thought' bevel, under those circuit - is-am-es, that the King should see the Chancellor. • Did Dr. Robert \Villis then express an opinion, that it he had known before that the pwposal was to be made, he should have objected to it ?—I heard the objection, for the first time, when we were with.theChancellor. 'Was that the first time that it was communicated ..r• to Dr. Robert Willis ? — No ; Dr. Robert Willis, I believe, knew the . fad before. '• Did Dr. Robert Willis• know the tali, on the Tuesday; at the same time as the other Physicians ? believe he did.- Was it discussed, in the presence of Dr. Robert Willis, with the - other Physicians ; —Ye s . Did Dr. Robert Willis take any part in the dis cussion ?- 7 -He made no objection, certainly ; it was not too late at that time, to have prevented the in-. terview, had any objection been made by airy one of the Physicians. Has Dr. Robert Willis any particular charge of the Kingll person, more then the olher —I think not. - Have you observed, that the King is under more r....straint•betwe Dr. Robert Willis, than.beture the . Physicians think not. ~ i~